Michigan Unmarried-Partner Benefit Ban Blocked by Judge

June 28 (Bloomberg) -- A Michigan law prohibiting public
employers from extending employee benefits to anyone living with
a government worker who isn’t a spouse or legal dependent has
been temporarily suspended by a federal judge.

U.S. District Judge David M. Lawson in Detroit today
rejected arguments by Governor Richard Snyder’s administration
that the law was a cost-saving measure and didn’t target same-sex couples. Lawson said five such couples who sued last year
would likely prevail on claims the measure violated their
constitutional right to equal protection under the law.

“The plaintiffs have shown that the defendant’s
justifications for the discrimination wrought by Public Act 297
are so insubstantial that animus against same-sex couples
remains as the only genuine justification,” Lawson said.

Lawson cited in his ruling the June 26 decision by the U.S.
Supreme Court striking down the Defense of Marriage Act, the
1996 law that barred the federal government from providing job
benefits to non-employee spouses in same-sex marriages.

Gay couples are prohibited from marrying in Michigan by a
2004 amendment to its constitution that defined marriage as
between one man and one woman. The legislation subject to
today’s ruling doesn’t directly refer to same-sex couples,
according to the judge’s 51-page decision.

Temporary Ban

Lawson’s ruling temporarily bars the state from preventing
local governments from extending public employee benefits to
domestic partners.